1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Case history

A. On January 11, 2016, the Plaintiff filed an application for compulsory auction of each real estate (hereinafter “each of the instant real estate”) on January 11, 2016 with respect to the claim against the agricultural company C Limited Liability Company C (hereinafter “C”), and on January 12, 2016, the entry registration of the decision to commence compulsory auction of each of the instant real estate was completed.

(hereinafter referred to as the “instant auction”) b.

In the instant auction procedure, on April 4, 2016, the Defendant reported the right of retention (hereinafter “instant right of retention”) on each of the instant real estate on the ground that there was a claim for construction cost against C.

C. On May 24, 2016, the Plaintiff filed the instant lawsuit that the Defendant had no right of retention.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lien is established;

A. In a lawsuit to confirm existence of a right of retention in the relevant legal doctrine, if the plaintiff asserts that the existence of the cause of the right of retention, which is the requirement of the right of retention, is denied by specifying the existence of the claim first, the defendant shall be liable to prove the existence of a claim in relation to the subject matter and the possession of the subject matter.

(See Supreme Court Decision 2013Da99409 Decided March 10, 2016 (see, e.g., Supreme Court Decision 2013Da99409, Mar. 10, 2016). A person who possesses any object is presumed to have occupied in good faith and openly with his/her intent to possess, as well as to have been presumed to have lawfully held the right of possession over the object possessed. As such, in order to reject the claim of lien

(See Supreme Court Decision 66Da600, 601 Decided June 7, 1966; Supreme Court Decision 2009Da5162 Decided December 13, 201, etc.). Article 320 of the Civil Act is stipulated.